United States Ninth Circuit

Denial of habeas corpus relief in a capital murder case is reversed in part and remanded for an evidentiary hearing where defendant raised a colorable claim that his counsel's performance fell below the objective standard of reasonableness required by Strickland, and that he was prejudiced by the errors.

Appellate Information

• Argued 03/24/2005
• Decided 03/08/2006
• Published 03/08/2006

Judges

• HAWKINS, Circuit Judge., Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, ALEX KOZINSKI, MICHAEL DALY HAWKINS, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, MARSHA S. BERZON, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dale A. Baich, Assistant Federal Public Defender, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• James P. Beene, Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondent-appellee.